YANKWICH, District Judge.
On September 6, 1946, the plaintiff, a switchman in the employ of the defendant, was injured at Bakersfield, California, suffering the loss of both legs. His complaint, filed on December 5, 1946, sought to recover the sum of $250,000. It contained two claims, one under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., which alleged negligence; the other,
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